• Wife filed a case in women cell!!!

My wife filed a complain in women cell regarding domestic violence and dowry.
my marriage complete 1+ year and we have one son recently.
she created regular misbehave in my home and due to i take her to leave separately , but due to his pregnancy i request her to go the her parents house to have better care.
but now she making false allegation everytime before the local police station several times and now she moved to Women cell.
her parents regulary demanding 10lac as marriage expense and dowry.
we never asked for any money or gifts from them ever, even we did not received any.

My CTC is around 2.5 lacs and she is demanding that much money , at the time of marriage even i borrow money from my brothers and sisters.

she is also making false allegation on my mothers sisters brother and sister in law.

we always to want to settle everything and leave together but seems like they are not ready to and demanding money and compensation for child and wife.

please suggest but i can do to not being arrest and to safe my family against the false allegation .
Asked 6 months ago in Criminal Law from NEW DELHI, Delhi
Religion: Hindu
1) you should in your statement deny all false allegations made by wife 

2)you don't have to pay the marriage expenses to your wife 

3) refuse to now downto blackmail tactics 

4) obtain AB in case FIR is filed 

5) contest case filed by her on merits 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
1) on FIR being lodged you would be issued notice by police under section 41A of CrPc to record your statement 

2) if other family members also named in FIR they too would be issued notice 

3) you can then apply for and obtain AB 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
1. Apply for anticipatory bail to preempt your arrest if the FIR has been lodged. Thereafter, the case can be comfortably contested on merits. If you have engaged a lawyer then he would be able to find whose name figures in the complaint. 

2. Section 9 is beneficial in as much as it shows your bona fides. If she does not join you within a year from RCR decree then it will be a ground to file for divorce.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
If you have received any summons from police you can  come to know that a legal process is going on the basis of her complaint.
Did you receive any phone call from police?
If you have not received any call from women cell or police it means there is no complaint from her side.
However if you would like to safeguard all the people agaisnt whom she is likely to move complaint, you may very safely apply for AB for all of them, let the police reply to the court about the pendency of any complaint or not, if there is no complaint then the court may be requested to issue not to arrest order in the event of any FIR at a later stage on the basis of her complaint.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
how do i know that whos name included into the complain which i need to file for AB.

If you have any access to the police station, you may get to know the details or if you receive any call then also you may come to know the details.


some lawyer suggest me to file section 9, will it be benefited us?

This will be a waste process or exercise.  This will not protect you or shield you from her legal onslaughts. Dont waste time on such aspects.

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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